You do not have to register a trademark or service mark, but it is a good idea to do so. If you decide to go ahead with the trademark or service mark registration, you should consider getting an attorney to help with this process.
A good attorney who specializes in intellectual property can help you in several ways:
- By researching the U.S. Patent and Trademark data base (TESS) to make sure no one else has a trademark or service mark similar to yours.
- By providing you with counsel regarding the possibility of infringing on another trademark or service mark
- By filing the paperwork necessary for registration, to make sure everything is filled out properly so the registration application will not be rejected.
- By helping with revisions if necessary or in interpreting a rejection of a registration.
While you can certainly register a trademark or service mark yourself, as a business owner you have more important things to do, so why not let the expert take on this task.
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